A charitable housing association is seeking High Court orders preventing “unknown persons” from trespassing on and occupying a Dublin city property that is to be redeveloped to house older people.
The Cabhru Housing Association, an approved housing body providing homes for older citizens, claims unknown individuals have gained access to James McSweeney House, Berkeley Street, Dublin 7.
It is alleged that Cabhru is unable to gain access and there are concerns about a risk of injury, damage or fire because of apparent interference with the electricity supply, which had been disconnected. There now appears to be lighting on the first floor, it is claimed.
Andrew Whelan BL, for Cabhru, applied to Mr Justice Brian O’Moore on Wednesday for permission to serve notice of the proceedings on the “persons unknown in occupation” of the building, who are the defendants in the case. The application was made with only the Cabhru side represented.
The judge said, having read the papers, he shared the concerns about the possible danger arising from the activity in the property.
Mr Whelan told him the letterbox to the property was boarded up and access appears to have been gained from the rear. The judge ordered that the papers should be served on the defendants by affixing them to the front and rear doors. The case comes back to court on Thursday.
Redevelopment planned
In an affidavit, Cabhru chairman Liam Meagher said the property is owned by the association and has been vacant since April 2021 in circumstances where it is intended to redevelop the site to provide modern housing units for older people.
It was intended to demolish the building this year and start construction next year. Planning permission has been granted for a 35-unit complex. The delay in progressing the work was initially due to the Covid-19 pandemic and later due to the cost of construction works, he said.
Cabhru had made the property secure, disconnected water, gas and electricity with the only connection being to an alarm system. It was also boarded up and a security company was engaged to call to the property three times a week.
Mr Meagher said that on May 12th the alarm was triggered after unknown people broke in. A security officer called and found the front door blocked from inside.
‘Revolutionary’
When Cabhru’s building and facilities officer arrived later that night, there were possibly five people “purporting to act as advocates” for those inside. One of them told the security officer he was “a revolutionary for the homeless”, that this was a civil matter and they would not get out, Mr Meagher said.
Gardaí were called and arrived but they said trespass and occupation was a civil rather than a criminal matter and they had no powers to intervene, he said.
On May 16th, the alarm monitoring company said the alarms, in particular the fire alarm, seemed to have been disconnected.
Mr Meagher said there is clearly a trespass on the property and that the electrical supply has been tampered with.
In those circumstances, he said, damages are not an adequate remedy in this case and the balance of convenience favoured granting orders and injunctions seeking that the persons unknown vacate the property and preventing them from interfering with or impeding Cabhru’s representatives from gaining access.